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HomeMy WebLinkAbout2021-10-25 City Council Meeting MinutesA C. 0 E MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 25, 2021 City Hall, Council Chambers Meeting No. 20-21 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 p.m. by Mayor Abrams. Mayor Abrams noted the Covid-19 safety procedures the council was taking to hold city council meetings and the options to hold virtual meetings in the future if needed. PLEDGE OF ALLEGIANCE ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Nikki Villavicencio, Councilmember Present APPROVAL OF AGENDA F4 was removed from the agenda. The following items were added to Council Presentations: Trunk or Treat Event Stuff in the Street Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Knutson Ayes — All The motion passed. APPROVAL OF MINUTES 1. October 11, 2021 City Council Workshop Meeting Minutes Councilmember Juenemann moved to approve the October 11, 2021 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Knutson Ayes — All The motion passed. 2. October 11, 2021 City Council Meeting Minutes October 25, 2021 City Council Meeting Minutes 30 Councilmember Knutson moved to a ac ci ihmittarl Seconded by Councilmember Juenemann The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update the October 11. 2021 Citv Council Meetina Minutes Ayes — All City Manager Coleman gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations Trunk or Treat Event Mayor Abrams invited the public to the Trunk or Treat event, sponsored by the Public Safety Department, taking place on October 31 from 1-4 p.m. Stuff in the Street Councilmember Juenemann asked residents to please pick up trash in the streets and near their properties and reminded residents that blowing leaves into the streets is not allowed. 3. Presentation from Dr. Jenny Loeck, Superintendent of Roseville Area Schools City Manager Coleman introduced the topic. Shari Thompson, Director of Business Services with District 623, relayed Dr. Loeck's regrets for her absence, and gave the presentation. No Action Required. 4. Fix It Launch Update Item removed. 5. Resolution for Commissioner Appointments City Manager Coleman gave the staff report. Councilmember Cave moved to approve the resolution to appoint the candidates to the rnmmiccinnc Resolution 21-10-1998 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be appointed to the following commission or board: October 25, 2021 City Council Meeting Minutes 31 Heritaae Preservation Commission Barbara Kearn term expires April 30, 2024 David Hughes term expires April 30, 2022 Housina & Economic Develoament Commission Holly Koep term expires September 30, 2024 Environmental & Natural Resources Commission Emma Broadnax Benjamin Guell Seconded by Councilmember Juenemann The motion passed. term expires September 30, 2024 term expires September 30, 2024 Ayes — All 6. Resolution of Appreciation for Keith Buttleman, Environmental and Natural Resources Commissioner Environmental Planner Finwall gave the staff report. Councilmember Juenemann moved to approve the Resolution of Appreciation for Keith Buttleman. Environmental and Natural Resources Commissioner. Resolution 21-10-1999 RESOLUTION OF APPRECIATION WHEREAS, Keith Buttleman has been a member of the Maplewood Environmental and Natural Resources Commission for five years and eight months, serving from January 25, 2016, to September 30, 2021. Mr. Buttleman has served faithfully in those capacities; and WHEREAS, the Environmental and Natural Resources Commission and City Council have appreciated his experience, insights and good judgment; and WHEREAS, Mr. Buttleman has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Buttleman has shown dedication to his duties and has consistently contributed his leadership and efforts for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Keith Buttleman is hereby extended our gratitude and appreciation for his dedicated service. Seconded by Councilmember Knutson Ayes — All The motion passed. October 25, 2021 City Council Meeting Minutes 32 G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G8 was highlighted. Councilmember Knutson moved to approve agenda items G1 -G8. Seconded by Councilmember Juenemann Ayes — All The motion passed. 1. Approval of Claims Councilmember Knutson moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 843,998.67 Checks # 108056 thru # 108084 dated 10/12/21 $ 1,240,709.57 Disbursements via debits to checking account dated 10/04/21 thru 10/17/21 $ 2,084,708.24 Total Accounts Payable PAYROLL $ 598,089.26 Payroll Checks and Direct Deposits dated 10/15/21 $ 598,089.26 Total Payroll $ 2,682,797.50 GRAND TOTAL Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. Financial Report for Month Ended September 30, 2021 No Action Required. 3. Conditional Use Permit Review, Trails Edge Apartments, 3000 Country View Drive Councilmember Knutson moved to approve the CUP review for Trail Edge Apartments located at 3000 Country View Drive and review again only if a problem arises or a major change is proposed. Seconded by Councilmember Juenemann Ayes — All October 25, 2021 City Council Meeting Minutes 33 The motion passed. 4. Contract for Purchase of Gas and Diesel Fuel with the State of Minnesota Fixed Price Fuel Program for 2022 Councilmember Knutson moved to direct the Mayor and City Manager to enter into a contract with the State of Minnesota Fixed Price Fuel Proaram for 2022 fuel Durchases. Seconded by Councilmember Juenemann Ayes — All The motion passed. 5. Purchase of Front End Wheel Loader Councilmember Knutson moved to approve the purchase of one front end wheel loader and direct the Mayor and City Manager to enter into a contract with Ziegler Inc. for the purchase under MN State Contract #171599 in the amount of $285.060.00. Seconded by Councilmember Juenemann Ayes — All The motion passed. 6. Resolution for Reduction of Retainage on Existing Construction Contract, County Road B and Arcade Street Improvements, City Project 19-22 Councilmember Knutson moved to approve the resolution for reduction of retainage on existing construction contract for the Countv Road B and Arcade Street Imarovements. Citv Proiect 19 - Resolution 21-10-2000 RESOLUTION REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 19-22 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 19-22, County Road B and Arcade Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Valley Paving, Inc., has completed the requirements of the project construction work, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. A reduction in retainage on the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, to $1,000.00 Seconded by Councilmember Juenemann Ayes — All The motion passed. October 25, 2021 City Council Meeting Minutes 34 7. Encroachment Agreement with 2263 Dahl Avenue East Councilmember Knutson moved to approve the encroachment agreement with the property owners of 2263 Dahl Avenue and authorize the Mayor and City Manager to sign the attached agreement. Seconded by Councilmember Juenemann Ayes — All The motion passed. 8. 2022 SCORE Grant Funding Application Councilmember Knutson moved to approve the 2022 SCORE grant funding application. Seconded by Councilmember Juenemann Ayes — All The motion passed. H. PUBLIC HEARINGS— If you are here fora Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. EDA Tax Increment Financing District No. 1-15 a. Public Hearing b. Resolution Approving Modification of the Development District Program for Development District No. 1 and the Tax Increment Financing Plan for TIF District No. 1-15 Community Development Director Thomson gave the presentation. Keith Dahl, Municipal Advisor with Ehlers, provided further information. Mayor Abrams opened public hearing. The following people spoke: Kathleen Coolidge — 2485 Londin Lane #213 Mayor Abrams closed the public hearing. Councilmember Knutson moved to approve the Resolution Approving Modification of the Development District Program for Development District No. 1 and the Tax Increment Financing Plan for Tax Increment Financing District No. 1-15. Resolution 21-10-2001 RESOLUTION APPROVING MODIFICATION OF THE DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-15 BE IT RESOLVED By the City Council of the City of Maplewood, Minnesota as follows October 25, 2021 City Council Meeting Minutes 35 Section 1. Recitals. 1.01. The City Council of the city of Maplewood (the "City") established the Maplewood Economic Development Authority ("MEDA") to promote development and redevelopment within the community. 1.02. On July 22, 2019 the City adopted a modified Enabling Resolution for MEDA, giving it the authority of an economic development authority under Minnesota Statutes, sections 469.090 through 469.1081 (the "EDA Act"), of a housing and redevelopment authority under Minnesota Statutes, sections 469.001 through 469.047 (the "HRA Act"); and of a city under Minnesota Statutes, sections 469.124 through 469.134 (the "City Development Districts Act"). 1.03. In response to a proposal to redevelop a site on Londin Lane previously used as a fire station for an affordable multifamily housing project, MEDA determined to establish a tax increment financing district to assist the project. 1.04. MEDA and the City investigated the facts and caused to be prepared a modification to the Development District Program (the "Development Program") for Development District No. 1 (the "Project") and a tax increment financing plan (the "TIF Plan") for Tax Increment Financing District No. 1-15 (the "TIF District"), describing the assistance which may be provided to encourage redevelopment within the Project. 1.05. All actions required by law to be performed prior to the adoption of the modified Development Program and the TIF Plan and establishment of the TIF District have been performed, including approval of the TIF Plan by MEDA at its meeting on October 25, 2021. 1.06. MEDA and the City notified Ramsey County and Independent School District No. 622 of the public hearing on the modified Development Program and TIF Plan to be held before the City Council on October 25, 2021. 1.07. The modified Development Program and TIF Plan are contained in a document entitled "Modification to the Development Program, Development District No. 1 and Tax Increment Financing (TIF) Plan, Establishment of Tax Increment Financing District No. 1-15 (a housing district)" dated October 25, 2021 and on file at city hall. 1.08. The City Council has fully reviewed the contents of the modified Development Program and TIF Plan and has on October 25, 2021 conducted a public hearing thereon at which the views of all interested persons were received orally or in writing. Section 2. Findings Relating to the Adoption of the Modified Development Program. 2.01. The City finds that the modified Development Program, which consists of inclusion of an additional tax increment financing district, continues to be consistent with the City's comprehensive plan. 2.02. The City finds that the adoption of the modified Development Program would October 25, 2021 City Council Meeting Minutes 36 promote redevelopment of a property within the Development District and is in the vital interests of the community as a whole. Section 3. Findings Relating to the Establishment of Tax Increment Financing District No. 1-15. 3.01. The City finds and determines that it is necessary and desirable for the sound and orderly development of the Development District and the community as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by MEDA and the City to establish Tax Increment Financing District No. 1-15. 3.02. The City further finds and determines, and it is the reasoned opinion of the City, that the redevelopment proposed in the TIF Plan for the TIF District could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the land within the TIF District that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed redevelopment, after subtracting the present value of the projected tax increments for the maximum duration of the TIF District, and that therefore the use of tax increment financing is necessary to assist the project. The City adopts and hereby incorporates the findings and but for qualifications included as Appendix C to the TIF Plan. 3.03. The expenditures proposed to be financed through tax increment financing are necessary to permit MEDA and the City to realize the full potential of the Development District in terms of development intensity, diversity of uses and tax base and to facilitate the redevelopment of land with an affordable housing project which is consistent with the comprehensive plan. 3.04. The TIF Plan for the TIF District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for redevelopment of the Development District by private enterprise. 3.05. The TIF Plan for the TIF District conforms to the general plan for the development and redevelopment of Maplewood as a whole. The developer's plans for a multifamily residential building is fully consistent with the city's comprehensive plan. 3.06. The City has relied upon the written representation made by the developer, review of the developer's proforma, the opinions and recommendations of City staff and consultants, and the personal knowledge of the members of the City Council in reaching its conclusions regarding the TIF Plan and the establishment of the TIF District. 3.07. TIF District No. 1-15 is a housing tax increment financing district within the meaning of Minnesota Statutes, section 469.174, subd. 11. Section 4. Approval of Modified Development Program and Tax Increment Financing Plan; Establishment of Tax Increment Financing District No. 1-15, October 25, 2021 City Council Meeting Minutes 37 4.01. The modified Development Program for Development District No. 1 is hereby approved. 4.02. The TIF Plan for TIF District No. 1-15 is hereby approved, as adopted by MEDA. Tax Increment Financing District No. 1-15 is hereby established. 4.03. The Executive Director of MEDA is authorized and directed to transmit a certified copy of this resolution together with a certified copy of the modified Development Program and the TIF Plan to Ramsey County with a request that the original tax capacity of the property within TIF District No. 1-15 be certified to MEDA pursuant to Minnesota Statutes, section 469.177, subd. 1 and to file a copy of the modified Development Program and the TIF Plan for TIF District No. 1-15 with the Minnesota department of revenue. Seconded by Councilmember Cave Ayes — All The motion passed. UNFINISHED BUSINESS 1. Resolution Awarding the Sale of G.O. Refunding Bonds, Series 2021B Finance Director Paulseth gave the staff report. Bruce Kimmel, Senior Municipal Advisor with Ehlers, provided additional information. Mayor Abrams moved to approve the Resolution Awarding the Sale of General Obligation Refunding Bonds, Series 2021 B in the Original Aggregate Principal Amount of $8,090,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; Providing for Their Payment; and Providing for the Redemption of Bonds Refunded Thereby. Resolution 21-10-2002 AWARDING THE SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021 B, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $8,090,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY BE IT RESOLVED by the City Council (the "City Council") of the City of Maplewood, Ramsey County, Minnesota (the "City") as follows: Section 1. Findings, Sale of Bonds. 1.01. Authorization of Sale of Bonds. Pursuant to a resolution adopted by the City Council on September 27, 2021, the City Council gave preliminary approval to the issuance of the City's General Obligation Refunding Bonds, Series 2021B (the "Bonds"), in the proposed aggregate principal amount of $8,275,000, pursuant to Minnesota Statutes, Section 412.301, and Minnesota Statutes, Chapters 429, 469, and 475, including specifically Section 475.67, subdivision 3, all as amended (collectively, the "Act"), to issue bonds to refund certain outstanding obligations of the City, as follows: (a) General Obligation Bonds, Series 2012A ("Series 2012A Bonds"), dated July 1, 2012 and issued on July 10, 2012, in the original aggregate principal amount of $5,780,000, pursuant to Section 412.301 of the Act ("Section 412.301") Chapter 429 of the Act ("Chapter 429"), and Chapter 475 of the October 25, 2021 City Council Meeting Minutes 38 Act ("Chapter 475"), the proceeds of which were used to finance (i) various street improvement projects within the City (the "2012 Improvements"), and (ii) the purchase of various capital equipment (the "2012 Equipment") (the portion of the Series 2012A Bonds that financed the 2012 Equipment is no longer outstanding); (b) General Obligation Bonds, Series 2013A ("Series 2013A Bonds"), dated July 18, 2013, issued in the original aggregate principal amount of $6,180,000, pursuant to Chapter 429 and Chapter 475, including specifically Section 475.521, as amended ("Section 475.521"), the proceeds of which were used to (i) refund the City's General Obligation Capital Improvement Plan Bonds, Series 2004D, dated August 1, 2004, and thereby refinance an addition to the City's public works building (the "2004 CIP Improvements"); (ii) finance the expansion of and improvements to the City's existing police department building (the "2013 CIP Improvements"); and (iii) finance various improvement projects within the City (the "2013 Improvements"); and (c) General Obligation Bonds, Series 2014A (the "Series 2014A Bonds"), dated August 1, 2014 and issued on August 14, 2014 in the aggregate principal amount of $7,745,000, pursuant to Section 412.301, Chapter 429, Chapter 469 of the Act ("Chapter 469"), and Chapter 475, including specifically Section 475.521, the proceeds of which were used to finance: (i) various street improvement projects (the "2014 Improvements"); (ii) the purchase of various capital equipment (the "2014 Equipment"); (iii) improvements outlined in the City's Capital Improvement Plan (the "2014 CIP Improvements"); and (iv) certain capital and administration costs, consisting of public improvements outlined in the City's tax increment financing plan (the "2014 TIF Improvements") for Tax Increment Financing District No. 1-12 (the "TIF District"). The Series 2012A Bonds, Series 2013A Bonds, and Series 2014A Bonds (collectively, the "Prior Bonds") are subject to redemption at the option of the City on February 1, 2022, and on that date will be outstanding in the aggregate principal amount of $8,655,000. The City is authorized by Section 475.67, subdivision 3 of the Act ("Section 475.67, subdivision 3"), to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service costs to the City or for the extension or adjustment of maturities in relation to the resources available for their payment. It is necessary and desirable for the reduction of debt service costs to the City to issue its General Obligation Refunding Bonds, Series 2021B (the "Bonds"), in the proposed original aggregate principal amount of $8,275,000, pursuant to the Act and specifically Section 475.67, subdivision 3, and apply the proceeds of the Bonds to the redemption and prepayment of the outstanding Prior Bonds (the "Refunded Bonds"), in the aggregate principal amount of $8,655,000, on February 1, 2022. The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The actions of the City staff and municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purchaser and Interest Rates. The proposal of BOK Financial Securities, Inc., Milwaukee, Wisconsin (the "Purchaser"), to purchase the Bonds is determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $8,738,610.76 (par amount of $8,090,000.00, plus original issue premium of $703,725.40, less an underwriter's discount of $55,114.64), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows: October 25, 2021 City Council Meeting Minutes 39 Year Interest Rate Year Interest Rate 2023 3.000% 2029 3.000% 2024 3.000 2030 3.000 2025 3.000 2031 2.000 2026 3.000 2033* 2.000 2027 3.000 2035* 2.000 2028 3.000 * Term Bonds True interest cost: 1.1725482% 1.03. Purchase Contract. The amount proposed by the Purchaser in excess of the minimum bid shall be credited to the Debt Service Fund hereinafter created or the Redemption Fund hereinafter created, unless the funds are determined to be deposited in another fund by the City's Finance Director (the "Finance Director") in consultation with Ehlers & Associates, Inc., the City's municipal advisor (the "Municipal Advisor"). The Finance Director is directed to retain the good faith check or deposit of the Purchaser, pending completion of the sale of the Bonds. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act in the original aggregate principal amount of $8,090,000, originally dated November 18, 2021, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2023 $955,000 2029 $790,000 2024 985,000 2030 715,000 2025 895,000 2031 385,000 2026 885,000 2033* 325,000 2027 910,000 2035* 335,000 2028 910,000 * Term Bonds (a) $890,000 in principal amount of the Bonds (the "Series 2012A Refunding Bonds"), maturing serially on February 1 in the years and amounts set forth below, are being used to achieve the current refunding of the Series 2012A Bonds, and thereby refinance the 2012 Improvements; Year Amount Year Amount 2023 $140,000 2026 $155,000 2024 145,000 2027 160,000 2025 155,000 2028 135,000 October 25, 2021 City Council Meeting Minutes 40 (b) $2,615,000 in principal amount of the Bonds (the "Series 2013A Refunding Bonds"), maturing serially on February 1 in the years and amounts set forth below, are being used to achieve the current refunding of the Series 2013A Bonds: Year Amount Year Amount 2023 $335,000 2028 $305,000 2024 330,000 2029 315,000 2025 295,000 2030 220,000 2026 290,000 2031 225,000 2027 300,000 2031 225,000 (i) Furthermore, $85,000 of the principal of the Series 2013A Refunding Bonds (the "Series 2013A 2004 CIP Portion Refunding Bonds") shall be payable on the February 1 in the years and installment amounts as follows and will be allocated to refinancing the 2004 CIP Improvements: Year Amount 2023 $50,000 Year 2024 Amount $35,000 (ii) $1,830,000 of the principal of the Series 2013A Refunding Bonds (the "Series 2013A CIP Portion Refunding Bonds") shall be payable on the February 1 in the years and installment amounts as follows and will be allocated to refinancing the 2013 CIP Improvements: Year Amount Year Amount 2023 $190,000 2028 $205,000 2024 195,000 2029 210,000 2025 190,000 2030 220,000 2026 195,000 2031 225,000 2027 200,000 (iii) The remainder of the principal of the Series 2013A Refunding Bonds in the amount of $700,000 (the "Series 2013A Improvement Portion Refunding Bonds") shall be payable on the February 1 in the years and installment amounts as follows and will be allocated to refinancing the 2013 Improvements: Year Amount Year Amount 2023 $ 95,000 2027 $100,000 2024 100,000 2028 100,000 2025 105,000 2029 105,000 2026 95,000 (c) The remainder of the Bonds in the principal amount of $4,585,000 (the "Series 2014A Refunding Bonds"), maturing serially on February 1 in the years and amounts set forth below, are being used to achieve the current refunding of the Series 2014A Bonds: October 25, 2021 City Council Meeting Minutes 41 Year Amount Year Amount 2023 $480,000 2028 $470,000 2024 510,000 2029 475,000 2025 445,000 2030 495,000 2026 440,000 2033 325,000* 2027 450,000 2035 335,000* * Term Bonds (i) Furthermore, $1,865,000 of the principal of the Series 2014A Refunding Bonds (the "Series 2014A Improvement Portion Refunding Bonds') shall be payable on the February 1 in the years and installment amounts as follows and will be allocated to refinancing the 2014 Improvements: Year Amount Year Amount 2023 $ 220,000 2027 $230,000 2024 235,000 2028 240,000 2025 225,000 2029 240,000 2026 225,000 2030 250,000 (ii) $140,000 of the principal of the Series 2014A Refunding Bonds (the "Series 2014A Equipment Portion Refunding Bonds") shall be payable on February 1 in the years and installment amounts as follows and will be allocated to refinancing the 2014 Equipment: Year Amount Year Amount 2023 $75,000 2024 $65,000 (iii) $1,920,000 of the principal of the Series 2014A Refunding Bonds (the "Series 2014A CIP Portion Refunding Bonds") shall be payable on February 1 in the years and installment amounts as follows and will be allocated to refinancing the 2014 CIP Improvements: Year Amount Year Amount 2023 $110,000 2029 $150,000 2024 130,000 2030 155,000 2025 135,000 2031 160,000 2026 135,000 2033* 325,000 2027 140,000 2035* 335,000 2028 145,000 * Term Bonds (iv) The remainder of the principal of the Series 2014A Refunding Bonds in the principal amount $660,000 (the "Series 2014A TIF Portion Refunding Bonds") shall be payable on February October 25, 2021 City Council Meeting Minutes 42 I in the years and installment amounts as follows and will be allocated to refinancing the 2014 TIF Improvements: Year Amount 2023 $75,000 2024 80,000 2025 85,000 2026 80,000 Year Amount 2027 $80,000 2028 85,000 2029 85,000 2030 90,000 1.05. Optional Redemption. The City may elect on February 1, 2030, and on any day thereafter to prepay Bonds due on or after February 1, 2031. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City shall determine. Prepayments will be at a price of par plus accrued interest 1.06. Mandatory Redemption, Term Bonds. The Bonds maturing on February 1, 2033, and February 1, 2035, shall hereinafter be referred to as the "Term Bonds." The principal amount of the Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bonds credited against future mandatory sinking fund redemption of such Term Bonds in such order as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows: Sinking Fund Installment Date February 1, 2033 Term Bond Principal Amount 2032 $ 160,000 2033* 165,000 * Maturity February 1, 2035 Term Bond Principal Amount 2034 $ 165,000 2035* 170,000 * Maturity Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates, Interest Payment Dates. The Bonds will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2022, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. October 25, 2021 City Council Meeting Minutes 43 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re ig ster. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred, or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to the registered owner or upon the registered owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar shall be cancelled by the Registrar and evidence of such cancellation must be October 25, 2021 City Council Meeting Minutes 44 given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed shall be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, shall not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption shall cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit at the place of payment at that time. 2.04. Appointment of Initial Re ig strar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this City Council, the City Manager must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved, or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond shall not be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds shall be printed or typewritten in substantially the form attached hereto as EXHIBIT B. 3.02. Approving Legal Opinion. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and cause the opinion to be printed on or accompany each Bond. Section 4. Bonds, Security; Covenants. 4.01. Debt Service Fund. The Bonds are payable from the General Obligation Refunding Bonds, Series 202IB Debt Service Fund (the "Debt Service Fund") hereby created. The Debt Service Fund shall be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds October 25, 2021 City Council Meeting Minutes 45 maintained in the official financial records of the City. The Debt Service Fund will be maintained in the manner herein specified until all of the Refunded Bonds have been paid and until all of the Bonds and the interest thereon have been fully paid. The City will maintain the following subaccounts in the Debt Service Fund: the "Improvement Account," the "Equipment Account," the "CIP Account," and the "TIF Revenue Account." Amounts in the Improvement Account are irrevocably pledged to the Series 2012A Refunding Bonds, the Series 2013A Improvement Portion Refunding Bonds, and the Series 2014A Improvement Portion Refunding Bonds (collectively, the "Improvement Refunding Bonds"). Amounts in the Equipment Account are irrevocably pledged to the Series 2014A Equipment Portion Refunding Bonds (the "Equipment Refunding Bonds"). Amounts in the Capital Improvement Account are irrevocably pledged to the Series 2013A 2004 CIP Portion Refunding Bonds, the Series 2013A CIP Portion Refunding Bonds, and the Series 2014A CIP Portion Refunding Bonds (collectively, the "CIP Refunding Bonds"). Amounts in the TIF Revenue Account are irrevocably pledged to the Series 2014A TIF Portion Refunding Bonds (the "TIF Refunding Bonds") (a) Improvement Account. To the Improvement Account of the Debt Service Fund there is hereby pledged and irrevocably appropriated and there will be credited: (i) following the Redemption Date (as defined in Section 4.11 of this resolution), special assessments (the "Assessments") collected for the 2012 Improvements, the 2013 Improvements, and the 2014 Improvements (together, the "Refinanced Improvements") pursuant to the resolutions authorizing the issuance and sale of the Series 2012A Bonds, Series 2013A Bonds, and Series 2014A Bonds, respectively (each, a "Prior Resolution"); (ii) proceeds of ad valorem taxes hereinafter levied for the payment of the Improvement Refunding Bonds and interest thereon; (iii) a pro rata portion of amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof, (iv) all investment earnings on funds in the Improvement Account; and (v) any and all other moneys which are properly available and are appropriated by the City Council to the Improvement Account. The amount of any surplus remaining in the Improvement Account when the Improvement Refunding Bonds and interest thereon are paid will be used as provided in Section 475.6 1, subdivision 4 of the Act. (b) Equipment Account. To the Equipment Account of the Debt Service Fund there is hereby pledged and irrevocably appropriated and there will be credited: (i) proceeds of ad valorem taxes hereinafter levied for payment of the Equipment Refunding Bonds; (ii) a pro rata portion of amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof, (iii) all investment earnings on funds in the Equipment Account; and (iv) any and all other moneys which are properly available and are appropriated by the City Council to the Equipment Account. The amount of any surplus remaining in the Equipment Account when the Equipment Refunding Bonds and interest thereon are paid will be used as provided in Section 475.61, subdivision 4 of the Act. (c) CIP Account. To the CIP Account of the Debt Service Fund there is hereby pledged and irrevocably appropriated and there will be credited: (i) proceeds of ad valorem taxes hereinafter levied for payment of the CIP Refunding Bonds; (ii) a pro rata portion of amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof, (iii) all investment earnings on funds in the CIP Account; and (iv) any and all other moneys which are properly available and are appropriated by the City Council to the CIP Account. The amount of any surplus remaining in the CIP Account when the CIP Refunding Bonds and interest thereon are paid will be used as provided in Section 475.61, subdivision 4 of the Act. (d) TIF Revenue Account. To the TIF Revenue Account of the Debt Service Fund there is hereby pledged and irrevocably appropriated and there will be credited: (i) after the Redemption Date, the tax increment revenues derived from property in the TIF District (the "Tax Increments") pledged to the payment of portion of the Series 2014A Bonds that financed the 2014 TIF Improvements pursuant to the pledge made in the resolution authorizing the issuance and sale of the Series 2014A Bonds (the "2014A Prior October 25, 2021 City Council Meeting Minutes 46 Resolution"); (ii) a pro rata portion of amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof, (iii) all investment earnings on funds in the TIF Revenue Account; and (iv) any and all other moneys which are properly available and are appropriated by the City Council to the TIF Revenue Account. 4.02. Redemption Fund. All proceeds of the Bonds along with funds on hand in the debt service funds created for the Prior Bonds, less the appropriations made in Section 4.01 hereof and the costs of issuance of the Bonds, will be deposited in a separate fund (the "Redemption Fund") to be used to redeem and prepay the Refunded Bonds. Any balance remaining in the Redemption Fund after the redemption of the Refunded Bonds shall be deposited in the accounts established in the Debt Service Fund on a pro rata basis. 4.03. Prior Debt Service Funds. (a) Series 2012A Bonds. The accounts of the debt service fund heretofore established for the Series 2012A Bonds pursuant to the resolution providing for the issuance and sale of the Series 2012A Bonds shall be closed following the redemption of the Series 2012A Bonds (the "2012A Prior Resolution"), and all monies therein shall be transferred on a pro rata basis to the Improvement Account of the Debt Service Fund herein created. (b) Series 2013A Bonds. The accounts of the debt service fund heretofore established for the Series 2013A Bonds pursuant to the resolution providing for the issuance and sale of the Series 2013A Bonds shall be closed following the redemption of the Series 2013A Bonds (the "2013A Prior Resolution"), and all monies therein shall be transferred on a pro rata basis to the Improvement Account and the CIP Account of the Debt Service Fund herein created. (c) Series 2014A Bonds. The accounts of the debt service fund heretofore established for the Series 2014A Bonds pursuant to the 2014A Prior Resolution, and all monies therein shall be transferred on a pro rata basis to the Improvement Account, the Equipment Account, the CIP Account and the TIF Revenue Account of the Debt Service Fund herein created. 4.04. Prior Resolution Pledges. The pledges and covenants of the City made by the 2012A Prior Resolution, the 2013A Prior Resolution, and the 2014A Prior Resolution (collectively, the "Prior Resolutions") relating to the improvements financed and refinanced with the proceeds of the Refunded Bonds, the levy and collection of special assessments against property benefited by the improvements, and the pledge of tax increment revenues, are restated and confirmed in all respects. The provisions of the Prior Resolutions are hereby supplemented to the extent necessary to give full effect to the provisions hereof. 4.05. General Obligation Pledgee. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. 4.06. Pledge of Tax Levy; Improvement Refunding Bonds. For the purpose of paying a portion of the principal of and interest on the Improvement Refunding Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Improvement Account of the Debt Service Fund above provided and will be in the years and amounts as set forth in EXHIBIT C attached hereto. October 25, 2021 City Council Meeting Minutes 47 4.07. Pledge of Tax Levy; Equipment RefundingBonds. onds. For the purpose of paying the principal of and interest on the Equipment Refunding Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Equipment Account of the Debt Service Fund above provided and will be in the years and amounts as set forth in EXHIBIT C attached hereto. 4.08. Pledge of Tax Levy; CIP Refunding Bonds. For the purpose of paying the principal of and interest on the CIP Refunding Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Capital Improvement Account of the Debt Service Fund above provided and will be in the years and amounts as set forth in EXHIBIT C attached hereto. 4.09 Pledge of Tax Increments. It is determined that the collection of Tax Increment for payment of principal and interest on the TIF Refunding Bonds herein pledged will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the TIF Refunding Bonds and that no tax levy is needed at this time, with regard to the TIF Refunding Bonds. 4.10. Certification to the Director of Property Records and Revenue as to Debt Service Fund Amount. It is hereby determined that the estimated collections of the foregoing ad valorem taxes levied, special assessments, the Tax Increments will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Manager may certify to the Director of Property Records and Revenue for Ramsey County, Minnesota (the "County Auditor"), the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.11. Cancellation of Prior Levies after Redemption Date. Following the payment in full of all outstanding principal of and interest on the Prior Bonds on February 1, 2022 (the "Redemption Date"), the City Manager is hereby directed to certify such fact to and request the County Auditor to cancel any and all tax levies made for the Prior Bonds. 4.12. Filing of Resolution. The City Manager is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain from the County Auditor the certificate required by Section 475.63 of the Act. Section 5. Refunding; Findings; Redemption of Prior Bonds. 5.01. Purpose of Refunding. On the Redemption Date, the Refunded Bonds will be called for redemption in the principal amount of $8,655,000. It is hereby found and determined that based upon information presently available from the Municipal Advisor, the issuance of the Bonds, a portion of which will be used to redeem and prepay the Refunded Bonds, is consistent with covenants made with the holders of the Prior Bonds and is necessary and desirable for the reduction of debt service costs to the City. 5.02. Application of Proceeds of Bonds. It is hereby found and determined that the proceeds of the Bonds deposited in the Redemption Fund, along with any other funds on hand in the debt service funds established for the Prior Bonds, will be sufficient to prepay all of the principal of, interest on, and redemption premium (if any) on the Refunded Bonds. 5.03. Notices of Call for Redemption. The Refunded Bonds will be redeemed and prepaid on the Redemption Date in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as EXHIBITS D-1, D-2, and D-3, respectively, which terms and October 25, 2021 City Council Meeting Minutes 48 conditions are hereby approved and incorporated herein by reference. The registrars for the Prior Bonds are authorized and directed to send a copy of the respective Notice of Call for Redemption to each registered holder of each of the Refunded Bonds at least thirty (30) days prior to the Redemption Date. Section 6. Authentication of Transcript. 6.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 6.02. Certification as to Official Statement. The Mayor and the City Manager are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 6.03. Other Certificates. The Mayor, the City Manager and the Finance Director are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor and City Manager shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 6.04. Electronic Signatures. The electronic signature of the Mayor, the City Manager, and the Finance Director to this resolution and/or to any certificate authorized to be executed hereunder shall be as valid as an original signature of such party and shall be effective to bind the City thereto. For purposes hereof, (i) "electronic signature" means a manually signed original signature that is then transmitted by electronic means; and (ii) "transmitted by electronic means" means sent in the form of a facsimile or sent via the internet as a portable document format ("pdf') or other replicating image attached to an electronic mail or internet message. Section 7. Tax Covenants. 7.01. Tax -Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 7.02. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States (unless the City qualifies for an exemption from rebate requirements based on timely expenditure of proceeds of the Bonds, in accordance with the Code and applicable Treasury Regulations). October 25, 2021 City Council Meeting Minutes 49 7.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the Prior Bonds were previously designated as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code, the average maturity of the Bonds is not longer than the average maturity of the Prior Bonds, and the Bonds mature not later than 30 years after the date the Prior Bonds were issued and therefore the Bonds issued to refund the outstanding principal amount of the Prior Bonds are deemed designated as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the City designates the portion of the Bonds exceeding the outstanding aggregate principal amount of the Prior Bonds (i.e., $8,655,000), if any, as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds and other bonds described under Section 265(b)(3)(C)(11)) of the Code) which will be issued by the City (and all subordinate entities of the City) during calendar year 2021 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during calendar year 2021 have been designated for purposes of Section 265(b)(3) of the Code. (f) the aggregate face amount of the issue of the Bonds is not greater than $10,000,000. 7.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 8. Book -Entry System, Limited Obligation of City. 8.01. The Depository Trust Company. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 8.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any October 25, 2021 City Council Meeting Minutes 50 Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 8.04. Transfers Outside Book-EntrS_ sste. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange, and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 9. Continuing Disclosure. 9.01. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 9.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 10. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants, and other rights granted by this resolution to the holders of the Bonds will cease, October 25, 2021 City Council Meeting Minutes 51 except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. EXHIBIT A PROPOSALS CA"EHLERS N PUBLIC FINANCE ADVISORS BID TABULATION $8,275.000* General Obligation Refunding Bonds, Series 2021B City of Maplewood, Minnesota SALE: October 25, 2021 AWARD: BOK FINANCIAL SECURITIES, INC. Rating: S&P Global Ratings "AA+" Tax Exempt - Bank Qualified NET TRUE MATURITY REOFFERING INTEREST INTEREST NAME OF BIDDER (February 1) RATE YIELD PRICE COST RATE BOK FINANCIAL SECURITIES, INC. Milwaukee, Wisconsin Stifel NORTHLAND SECURITIES, INC. Minneapolis, Minnesota PIPER SANDLER & CO. Minneapolis, Minnesota BAIRD Milwaukee, Wisconsin 2023 3.000% 0.300% 2024 3.000% 0.350% 2025 3.000% 0.500% 2026 3.000% 0.650% 2027 3.000% 0.800% 2028 3.000% 1.000% 2029 3.000% 1.100% 2030 3.000% 1.200% 20312.000% 1.300% 203212.000% 1.450% 20331 2.000% 1.450% 20342 2.000% 1.650% 20352 2.000% 1.650% Subsequent to bid opening the issue size was decreased to $8,090,000. Adjusted Price - $8,738,610.76 Adjusted Net Interest Cost - $532,184.38 1$325,000 Term Bond due 2033 with mandatory redemption in 2032. 2 $335,000 Term Bond due 2035 with mandatory redemption in 2034. October 25, 2021 City Council Meeting Minutes 52 $8,945,707.30 $547,742.98 1.1715% $8,940,370.50 $553,079.78 1.1834% $8,927,215.95 $566,234.33 1.2128% $8,882,883.70 $610,566.58 1.3125% Adjusted TIC - 1.1725% EXHIBIT B FORM OF BOND No. R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD GENERAL OBLIGATION REFUNDING BOND SERIES 2021B Date of Rate Maturity Original Issue CUSIP % Febnlary 1, 20_ November 18, 2021 565557 Registered Owner: Cede & Co The City of Maplewood, Minnesota, a duly organized and existing municipal corporation in Ramsey County, Minnesota (the "City"), acknowledges itself to be indebted and for value received promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February I and August I in each year, commencing August 1, 2022, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2030, and on any day thereafter to prepay Bonds due on or after February 1, 2031. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The Bonds maturing on February 1, 2033, and February 1, 2035, shall hereinafter be referred to as the "Term Bonds." The principal amount of the Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bonds credited against future mandatory sinking fund redemption of such Term Bonds in such order as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February I of the following years and in the principal amounts as follows: October 25, 2021 City Council Meeting Minutes 53 Sinking Fund Installment Date February 1, 2033 Term Bond Principal Amount 2032 $ 160,000 2033* 165,000 * Maturity February 1, 2035 Term Bond Principal Amount 2034 $ 165,000 2035* 170,000 * Maturity This Bond is one of an issue in the aggregate principal amount of $8,090,000 all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City Council on October 25, 2021 (the "Resolution"), for the purpose of providing money to redeem and prepay on February 1, 2022 (the "Redemption Date") certain general obligation bonds of the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 412.301 and Minnesota Statutes, Chapters 429, 444, and 475, including specifically Section 475.67, subdivision 3, all as amended. The principal hereof and interest hereon are payable in part from special assessments, in part from tax increment revenues, and in part from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in ad valorem taxes, special assessments, and tax increment revenues of the City pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, October 25, 2021 City Council Meeting Minutes 54 and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: November 18, 2021 CITY OF MAPLEWOOD, MINNESOTA (Facsimile) (Facsimile) Mayor City Manager CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Its Authorized Representative ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: October 25, 2021 City Council Meeting Minutes 55 TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Oust) (Minor) under Uniform Gifts or Transfers to Minors Act, State of Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program (" SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) October 25, 2021 City Council Meeting Minutes 56 Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of Re ig stray Cede & Co. Federal ID 913-2555119 EXHIBIT C TAX LEVY SCHEDULES Improvement Refunding Bonds $3,455,000 Improvement Refunding Portion Tax Tax Levy Collect Bond Pay Funds Year Year Year Total P & 1 (1) P & I @ 105% Net Levy 2021 / 2022 / 2023 579,667.92 (1,771.58) 606,791.16 606,791.16 2022 / 2023 / 2024 570,000.00 598,500.00 598,500.00 2023 / 2024 / 2025 560,600.00 588,630.00 588,630.00 2024 / 2025 / 2026 536,050.00 562,852.50 562,852.50 2025 / 2026 / 2027 536,800.00 563,640.00 563,640.00 2026 / 2027 / 2028 507,100.00 532,455.00 532,455.00 2027 / 2028 / 2029 362,850.00 380,992.50 380,992.50 2028 / 2029 / 2030 257,500.00 270,375.00 270,375.00 Totals 3.910.567.92 (1.771.58) 4.104.236.16 4.104.236.16 (1) The following funds are available to pay a portion of the interest payment due 08/01/2022 Deposit to Debt Service Fund (Rounding): 1,771.58 Notes: Original tax levies for collection years 2022 through 2027 on the Series 2012A Bonds will be cancelled. Original tax levies for collection years 2022 through 2028 on the Improvement Refunding Portion of the Series 2013A Bonds will be cancelled. Original tax levies for collection years 2022 through 2029 on the Improvement Refunding Portion of the Series 2014A Bonds will be cancelled. October 25, 2021 City Council Meeting Minutes 57 Equipment Refunding Bonds $140,000 Equipment Refunding Certificates Portion Tax Levy Tax Collect Bond Pay Pay Year Total P & 1 (1) Year Year Year Total P & I P & I @ 105% Net Levy 2021 /2022 /2023 80,051.67 84,054.25 84,054.25 2022 /2023 /2024 66,950.00 70,297.50 70,297.50 Totals / 2024 147.001.67 154.351.75 154.351.75 Notes: Original tax levies for collection years 2022 through 2023 on the Equipment Refunding Certificates Portion of the Series 2014A Bonds will be cancelled. $3,835,000 CIP Refunding Portion Tax Tax Levy Collect Bond CIP Refunding Bonds Funds Available Year Year Pay Year Total P & 1 (1) P & I @ 105% Net Levy 2021 / 2022 / 2023 475,810.55 (1,144.18) 498,399.69 498,399.69 2022 / 2023 / 2024 454,100.00 476,805.00 476,805.00 2023 / 2024 / 2025 408,300.00 428,715.00 428,715.00 2024 / 2025 / 2026 403,550.00 423,727.50 423,727.50 2025 / 2026 / 2027 403,650.00 423,832.50 423,832.50 2026 / 2027 / 2028 403,450.00 423,622.50 423,622.50 2027 / 2028 / 2029 402,950.00 423,097.50 423,097.50 2028 / 2029 / 2030 407,150.00 427,507.50 427,507.50 2029 / 2030 / 2031 405,900.00 426,195.00 426,195.00 2030 / 2031 / 2032 173,200.00 181,860.00 181,860.00 2031 / 2032 / 2033 175,000.00 183,750.00 183,750.00 2032 / 2033 / 2034 171,700.00 180,285.00 180,285.00 2033 / 2034 / 2035 173,400.00 182,070.00 182,070.00 Totals 4.458.160.55 (1.144.18) 4.679.867.19 4.679.867.19 (1) The following funds are available to pay a portion of the interest payment due 08/01/2022 Deposit to Debt Service Fund (Rounding): 1,144.18 Notes: Original tax levies for collection years 2022 through 2030 on the CIP Refunding Portion of the Series 2013A Bonds will be cancelled. Original tax levies for collection years 2022 through 2034 on the CIP Refunding Portion of the Series 2014A Bonds will be cancelled. October 25, 2021 City Council Meeting Minutes 58 EXHIBIT D-1 NOTICE OF CALL FOR REDEMPTION FOR SERIES 2012A BONDS $5,780,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION BONDS SERIES 2012A NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Maplewood, Ramsey County, Minnesota (the "City"), there have been called for redemption and prepayment on February 1, 2022 all outstanding bonds of the City designated as General Obligation Bonds, Series 2012A, dated July 1, 2012, having stated maturity dates of February 1 in the years 2024 through 2028, both inclusive, totaling $945,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP Number 2024* $300,000 565557 QK4 2026* 315,000 565557 QMO 2028* 330,000 565557 QP3 * Term Bond The bonds are being called at a price of par plus accrued interest to February 1, 2022, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, Saint Paul, Minnesota, at the following address, on or before February 1, 2022: If by mail: U.S. Bank National Association Corporate Trust Operations, 31d Floor P.O. Box 64111 St. Paul, MN 55164-0111 If by hand or overnight: U.S. Bank National Association 60 Livingston Avenue EP-MN-WS3C Bond Drop Window, 1St Floor St. Paul, MN 55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, the Trustee is required to withhold a specified percentage of the principal amount of the redemption price payable to the holder of any bonds subject to redemption and prepayment on the redemption date, unless the Trustee is provided with the Social Security Number or Federal Employer Identification Number of the holder, properly certified. Submission of a fully executed Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. December 2011), will satisfy the requirements of this paragraph. Dated: 12021. BY ORDER OF THE CITY COUNCIL By /s/ Melinda Coleman City Manager City of Maplewood, Minnesota October 25, 2021 City Council Meeting Minutes 35 EXHIBIT D-2 NOTICE OF CALL FOR REDEMPTION FOR SERIES 2013A BONDS $6,180,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION BONDS SERIES 2013A NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Maplewood, Ramsey County, Minnesota (the "City"), there have been called for redemption and prepayment on February 1, 2022 all outstanding bonds of the City designated as General Obligation Bonds, Series 2013A, dated July 18, 2013, having stated maturity dates of February I in the years 2023 through 2031, both inclusive, totaling $2,810,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP Number 2023 $340,000 565557 RHO 2024 345,000 565557 RJ6 2025 310,000 565557 RK3 2026 315,000 565557 RLI 2027 325,000 565557 RM9 2029* 690,000 565557 RP2 2031* 485,000 565557 RR8 *Term Bonds The bonds are being called at a price of par plus accrued interest to February 1, 2022, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, Saint Paul, Minnesota, at the following address, on or before February 1, 2022: If by mail: U.S. Bank National Association Corporate Trust Operations, 31d Floor P.O. Box 64111 St. Paul, MN 55164-0111 If by hand or overnight: U.S. Bank National Association 60 Livingston Avenue EP-MN-WS3C Bond Drop Window, 1St Floor St. Paul, MN 55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, the Trustee is required to withhold a specified percentage of the principal amount of the redemption price payable to the holder of any bonds subject to redemption and prepayment on the redemption date, unless the Trustee is provided with the Social Security Number or Federal Employer Identification Number of the holder, properly certified. Submission of a fully executed Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. December 2011), will satisfy the requirements of this paragraph. October 25, 2021 City Council Meeting Minutes 36 Dated: , 2021. BY ORDER OF THE CITY COUNCIL By /s/ Melinda Coleman City Manager City of Maplewood, Minnesota EXHIBIT D-3 NOTICE OF CALL FOR REDEMPTION FOR SERIES 2014A BONDS $7,745,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION BONDS SERIES 2014A NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Maplewood, Ramsey County, Minnesota (the "City"), there have been called for redemption and prepayment on February 1, 2022 all outstanding bonds of the City designated as General Obligation Bonds, Series 2014A, dated August 1, 2014, having stated maturity dates of February 1 in the years 2023 through 2035, both inclusive, totaling $4,900,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP Number 2023 $500,000 565557 SM8 2024 520,000 565557 SN6 2025 465,000 565557 SPI 2026 475,000 565557 SQ9 2027 490,000 565557 SR7 2028 510,000 565557 SS5 2029 520,000 565557 ST3 2030 540,000 565557 SUO 2032* 335,000 565557 SW6 2035* 545,000 565557 SZ9 *Term Bonds The bonds are being called at a price of par plus accrued interest to February 1, 2022, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, Saint Paul, Minnesota, at the following address, on or before February 1, 2022: If by mail: If by hand or overnight: U.S. Bank National Association U.S. Bank National Association Corporate Trust Operations, 31d Floor 60 Livingston Avenue October 25, 2021 City Council Meeting Minutes 37 P.O. Box 64111 St. Paul, MN 55164-0111 EP-MN-WS3C Bond Drop Window, 1St Floor St. Paul, MN 55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, the Trustee is required to withhold a specified percentage of the principal amount of the redemption price payable to the holder of any bonds subject to redemption and prepayment on the redemption date, unless the Trustee is provided with the Social Security Number or Federal Employer Identification Number of the holder, properly certified. Submission of a fully executed Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. December 2011), will satisfy the requirements of this paragraph. Dated: J. 2021. Seconded by Councilmember Knutson The motion passed. BY ORDER OF THE CITY COUNCIL By /s/ Melinda Coleman City Manager City of Maplewood, Minnesota 2. Award of 2022 Charitable Gambling Funds City Manager Coleman gave the staff report. Ayes — All Councilmember Knutson moved to approve the proposed award amounts below. Organization Recommended Award CHILD, Inc. $ 4,200.00 ISD 622 Education Foundation Angel Fund $ 1,000.00 ISD 622 Gladstone Meals on Wheels $ 5,000.00 ISD 622 Gladstone Senior Center $ 2,380.00 LC Webster Elementary School $ 2,730.00 Our Redeemer Lutheran Church $ 7,230.00 Tubman Family Alliance $ 7,460.00 Seconded by Councilmember Cave The motion passed. NEW BUSINESS Retail Theft Diversion Program Contract Ayes — All Lieutenant Steiner addressed the council and introduce the item. John McCullough, President with Diversion Solutions, gave the presentation. October 25, 2021 City Council Meeting Minutes 38 Councilmember Juenemann moved to approve the Retail Theft Diversion Program Contract and follow-uD reaort after one vear. Seconded by Councilmember Cave Ayes — All The motion passed. 2. Lower Afton Apartments, 2501 Londin Lane a. Zoning Map Amendment Ordinance b. Conditional Use Permit Resolution c. Design Review Resolution Community Development Director Thomson gave the presentation. Jon Jarosch, Assistant City Engineer provided additional information. Alex Bisanz, Partner with Real Estate Equities, addressed council and gave a presentation on the project. Councilmember Villavicencio left during the presentation. The following residents spoke: Herb Goetsch — 2455 Londin Lane E, # 314 John Parnell — 2485 Londin Lane E, #215 Councilmember Knutson moved to approve an ordinance amending the City's zoning map to rezone the property from F, farm residence to R-3, multiple dwelling. Ordinance 1024 AN ORDINANCE REZONING THE PROPERTY AT 2501 LONDIN LANE EAST FROM F, SINGLE FARM RESIDENCE DISTRICT, TO R-3, MULTIPLE DWELLING DISTRICT The City Of Maplewood, Minnesota Ordains: Section 1. 1.01 The property at 2501 Londin Lane East is hereby rezoned from F, farm residence district, to R-3, multiple dwelling district. 1.02 The property is legally described as: PIN: 122822120001 — That part of the Northwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, according to the U.S. Government Survey thereof, lying Southwesterly of New Lower Afton Road and Northerly and Northwesterly of Londin Lane. Section 2. 2.01 This ordinance is based on the following findings: 1. The rezoning to R-3, multiple dwelling district would result in a development compatible with the existing surrounding development type and intensity. 2. The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive guide plan. October 25, 2021 City Council Meeting Minutes 39 3. The rezoning would be consistent with public health, safety, and welfare. 2.02 This ordinance is subject to the following conditions: The site must be developed and maintained in substantial conformance with the following plans: a. Site plan, date-stamped September 3, 2021. b. Design plans, date-stamped September 3, 2021. 2. The development must further comply with all conditions outlined in City Council Resolution No. 21-10-2003 for a conditional use permit approved by the Maplewood City Council on October 25, 2021. Section 3. This ordinance is effective upon publication in the city's official newspaper. Seconded by Councilmember Juenemann Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Knutson Absent — Councilmember Villavicencio The motion passed. Councilmember Knutson moved to approve a resolution for a conditional use permit. Resolution 21-10-2003 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Ian Schwickert of Real Estate Equities has requested approval of a conditional use permit. 1.02 The property is located at 2501 Londin Lane East and is legally described as: PIN: 122822120001 — That part of the Northwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, according to the U.S. Government Survey thereof, lying Southwesterly of New Lower Afton Road and Northerly and Northwesterly of Londin Lane. Section 2. Standards. 2.01 City Ordinance Section 44-359 requires a Conditional Use Permit for multiple dwelling buildings that exceed a height of 35 feet. 2.02 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. October 25, 2021 City Council Meeting Minutes 40 The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering the conditional use permit for a planned unit development amendment request. On September 21, 2021, the planning commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2. On October 25, 2021, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the October 25, 2021 City Council Meeting Minutes 41 findings outlined in section 3 of this resolution. Approval is subject to the following conditions: All construction shall follow the approved plans, date-stamped September 3, 2021. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. Seconded by Councilmember Cave Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Knutson Absent — Councilmember Villavicencio The motion passed. Councilmember Knutson moved to approve a resolution for design review. Resolution 21-10-2004 DESIGN REVIEW RESOLUTION Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Ian Schwickert of Real Estate Equities has requested approval of a design review. 1.02 The property is located at 2501 Londin Lane East and is legally described as: PIN: 122822120001 — That part of the Northwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, according to the U.S. Government Survey thereof, lying Southwesterly of New Lower Afton Road and Northerly and Northwesterly of Londin Lane. 1.03 On September 21, 2021, the community design review board reviewed this request. The applicant was provided the opportunity to present information to the community design review board. The community design review board considered all of the comments received and the staff report, which are incorporated by reference into this resolution. Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere October 25, 2021 City Council Meeting Minutes 42 with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped September 3, 2021. Approval is subject to the applicant doing the following: Obtain a conditional use permit from the city council for this project. 2. Repeat this review in two years if the city has not issued a building permit for this project. 3. All requirements of the fire marshal and building official must be met. 4. Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated September 9, 2021. 5. Satisfy the requirements set forth in the environmental review authored by Shann Finwall and Carole Gernes, dated September 13, 2021. 6. The applicant shall obtain all required permits from the Ramsey - Washington Metro Watershed District. 7. Rooftop vents and equipment shall be located out of view from all sides of the property. 8. Any identification or monument signs for the project must meet the requirements of the city's sign ordinance. Identification or monument signs shall be designed to be consistent with the project's building materials and colors. 9. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b. Submit to staff a screening plan detailing that all ordinance October 25, 2021 City Council Meeting Minutes 43 requirements are met in terms of screening on the west side of the west parking lot. c. The applicant must submit site geotechnical analysis for review by the Building Official and City Engineer. The applicant must meet the requirements of the Minnesota Building Code and any dewatering must not adversely impact adjacent properties. d. The applicant shall provide a revised site plan showing all Ramsey County Public Works requirements have been meet. This includes addressing the County's requirements for a sidewalk along Lower Afton Road, the installation of a median refuge island and Rectangular Rapid Flashing Beacon and a right turn lane from Lower Afton Road onto Londin Lane. 10. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install all required sidewalks and trails. 11. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12. All work shall follow the approved plans. The director of community development may approve minor changes. 13. The applicant shall submit revised elevations showing the color - matched down spouts along with a transition band between the seam in the block and the upper building materials to ensure there is a nice transition. 14. The City Engineer shall review and make a determination on the need of a crosswalk from Sterling Street across Londin Lane to the development site October 25, 2021 City Council Meeting Minutes 44 Seconded by Councilmember Juenemann Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Knutson Absent — Councilmember Villavicencio The motion passed. 3. Wetland Buffer Variance Resolution, Single -Family House, 1091 County Road C Environmental Planner Finwall gave the staff report. Justin Haynes and Katie Schurrer, owners and applicants, addressed council and provided further information. Councilmember Juenemann moved to approve a resolution for a 45 -foot wetland buffer variance for a new sinale-familv house at 1091 Countv Road C. Resolution 21-10-2005 VARIANCE RESOLUTION WHEREAS, Katie Schurrer and Justin Haynes applied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 1091 County Road C, Maplewood, MN. The property identification number is 04-29-22-43-0006. The legal description is the West 76 feet of the East 356 feet of the West half of the SW 1/4 of the SE 1/4 of Section 4, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the applicants are proposing to construct a single-family house and grading for the house to within 30 feet of a Manage A wetland adjacent a lake, requiring a 45 -foot wetland buffer variance. WHEREAS, the history of this variance is as follows: On September 20, 2021, the Environmental and Natural Resources Commission reviewed the variance and recommended approval of the wetland buffer variance to the Planning Commission and City Council. 2. On October 19, 2021, the Planning Commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission also considered the report and recommendation of the city staff and Environmental and Natural Resources Commission. The Planning Commission recommended approval of the wetland buffer variance to the City Council. 3. The City Council held a public meeting on October 25, 2021, to review this proposal. The City Council considered the report and recommendations of the city staff, the Environmental and Natural Resources Commission, and the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variance based on the following reasons: October 25, 2021 City Council Meeting Minutes 45 The property is zoned and guided as single-family residential. The property will be used in a reasonable manner as a single-family house. 2. The lot is a pre-existing platted lot located adjacent a wetland. The original house was built 83 years ago, prior to the City's wetland buffer ordinance. That house was a pre-existing nonconforming structure because it encroached into the wetland buffer. Strict enforcement of the ordinance would prohibit the building of most types of new permanent structures on the lot, substantially diminishing the potential of this lot. These are circumstances unique to this property. 3. The lot is surrounded by other single-family houses that are located adjacent the wetland with access to Kohlman Lake. Approval of the wetland buffer variance will include the restoration of 1,000 square feet of wetland buffer to native plants, which will improve the water quality and wildlife habitat of the wetland. The placement of the single-family house and wetland buffer variance will not alter the essential character of the neighborhood. Approval of the wetland buffer variance shall be subject to the following: Prior to issuance of a grading permit for the new single-family house the applicants must submit: a. Tree Plan: A tree plan which shows the location, size, and species of all significant trees located on the lot, and the trees that will be removed with the construction of the new single family house. Removal of significant trees with the construction of the single- family house must comply with the City's tree preservation ordinance and tree replacement requirements. b. Wetland Buffer Restoration: A wetland buffer restoration plan to be approved by City staff. The restoration plan will reflect native plantings within a 1,000 square foot area adjacent the wetland. Wetland Buffer Signs: A wetland buffer sign plan showing the installation of at least two wetland buffer signs on the south side of restored wetland buffer native plant area. The signs identify the wetland buffer and state that no mowing, cutting, building, or grading is allowed in the wetland buffer. The City supplies the signs at a cost of $35 per sign. The applicant must install the signs once the native plantings are complete. Driveway: Applicants must obtain a driveway permit from Ramsey County. The driveway must meet the County and City driveway code requirements. City code allows hard surface (driveways) in the front yard to cover no more than 40 percent of the front yard. The driveway width at the entrance is limited to 32 feet and the maximum total driveway width of the two entrances cannot exceed 32 feet. e. Dock: Any future deck must meet the Department of Natural Resources Docks and Access in Public Water requirements and the City of Maplewood wetland ordinance public water access October 25, 2021 City Council Meeting Minutes 46 requirements. Escrows: A tree and wetland buffer escrow. The tree escrow is $60 per caliper inch of tree required to be replaced. The wetland buffer escrow is 150 percent of the cost of the wetland buffer restoration. 2. Prior to release of the escrow, any replacement trees required must be planted with a one-year warranty and the wetland buffer plantings must be established. Seconded by Councilmember Cave Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Knutson Absent — Councilmember Villavicencio The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 9:39 p.m. Andrea Sindt, City Clerk October 25, 2021 City Council Meeting Minutes 47